Family Law Maintenance of Spouses in UK Law

Leading Cases
  • Gissing v Gissing
    • House of Lords
    • 07 July 1970
    ...... husband and wife agreed when acquiring the family home that the wife should make a financial ...Spouses generally expect that, on the decease of one of ... divorced him, obtained an order for maintenance and can apply in the appropriate Division of the ......
  • Pettitt v Pettitt
    • House of Lords
    • 23 April 1969
    ......The spouses lived for about four years in the new house. Then ... law regarding what are sometimes called family assets has been in an unsatisfactory state. There ... she will have a right to apply for a maintenance order against him for herself and any children ......
  • Radmacher (formerly Granatino) v Granatino
    • Supreme Court
    • 20 October 2010
    ...... "– where there is a child of the family, whether or not that child was alive or a child ...By clause 5 they waived claims for maintenance after the marriage was terminated. Clause 6 ...For many years, agreements between spouses were considered void for public policy reasons ......
  • Miller v Miller (Short Marriage: Clean break)
    • House of Lords
    • 24 May 2006
    ...... Deepak Nagpal . (Instructed by Family Law in Partnership) . Respondents: . For Miller ... compensation as distinct from maintenance. . . 31 I see no difficulty on ...He thought that the spouses could share equally in the increase in the value ......
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Legislation
  • Family Law (Scotland) Act 2006
    • Scotland
    • January 01, 2006
    ...... action After section 9 of the 1981 Act (provisions where both spouses have title) there shall be inserted— . Reckoning of non-cohabitation ... S-40 . Aliment 40 Aliment . Subject to the Maintenance Orders (Reciprocal Enforcement) Act  1972 (c. 18) , a court in Scotland ......
  • Matrimonial Proceedings and Property Act 1970
    • UK Non-devolved
    • January 01, 1970
    ...... to, the other spouse or a child of the family, orders for the variation of ante-nuptial and ... the Matrimonial Causes (Property and Maintenance) Act 1958; to amend the law about the property of ......
  • Civil Partnership Act 2004
    • UK Non-devolved
    • January 01, 2004
    ...... non-residents) ;(b) Schedule 3 (former spouses one of whom has changed sex) . . (3) The ...family court. . (5) This Chapter is subject to sections ... Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague. . ......
  • Family Law Act 1996
    • UK Non-devolved
    • January 01, 1996
    ...... occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected ...) impose on either party obligations as to—(i) the repair and maintenance of the dwelling-house; or(ii) the discharge of rent, mortgage payments or ......
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Books & Journal Articles
  • Governed by marriage law
    • No. 25-3, June 2016
    • Social & Legal Studies
    Marriage law links the private and the political, connecting the aspirations of individuals to the regulatory ambitions of the state. Marriage has significant social and cultural importance, but th...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... contributes to the construction and maintenance of gender roles (Diduck, 2003) promoting unpaid ... spouses and families’ (Committee on Court Practice, ......
  • Europeanization and changing patterns of governance in Ireland
    • No. 83-1, March 2005
    • Public Administration
    In order to examine institutional change in Republic of Ireland (hereinafter referred to as ‘Ireland’ or ‘the Irish case’) as a consequence of European integration, this article looks at the adapta...
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ...The Family Law Acts of 1976 (Maintenance of Spouses and Children) and 1981 (Protection of ......
  • Comment: Major Differences between the Revised ?Federal' and SNNP Regional State Family Codes
    • No. 11-2, July 2017
    • Mizan Law Review
    • Nigussie Afesha
    • Nigussie Afesha, LL B, MA, Assistant Professor, College of Law and Governance, School of Law, Hawassa University. Email: nigussie.afesha12@gmail.com
    • 410-423
    There are two sets of family codes currently applicable in Ethiopia, the Revised Family Code and the family codes of regional states. These sets are compatible on numerous issues of family matters,...
    ...... of marriage, proof of marriage, conditions to claim maintenance as well as salary and pension. . Key terms Betrothal · ... essential conditions of marriage (consent and equality of the spouses) in the Constitutions of federal and regional states. Nevertheless, the ......
  • Matrimonial Property in Poland
    • No. 26-2, March 1963
    • The Modern Law Review
    ......:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New ... of equality between the spouses in the proper way. In fact, separation ... safeguard the means of maintenance needed by the family.3s Several arguments ......
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Law Firm Commentaries
  • Spousal Maintenance: 'Tenor Of Life' Now More Tenuous?
    • Mondaq UK
    ......In the past, these had been assessed on the basis that ex-spouses had the right to retain their 'tenor of life' established during the ... an ex-spouse could be an obstacle to a divorcee starting another family, interpreting such scenario as being a right guaranteed by the ECHR. ......
  • Maintenance Claims And The Rush To Court
    • Mondaq UK
    ...... we are apart is the law regulating maintenance awards between spouses. In general, maintenance awards made by the English courts are more ..., be it England or elsewhere, should always seek early specialist family law advice if they think their marriage could be in difficulty. The ......
  • 'Tenor Of Life' Now More Tenuous?
    • Mondaq UK
    ...Changing times for spousal maintenance on divorce and separation in Italy and England. ... had been assessed on the basis that ex-spouses had the right to retain their 'tenor of life' ... an obstacle to a divorcee starting another family, interpreting such scenario as being a right ......
  • 'Tenor Of Life' Now More Tenuous?
    • Mondaq UK
    ...Changing times for spousal maintenance on divorce and separation in Italy and England. ... had been assessed on the basis that ex-spouses had the right to retain their 'tenor of life' ... an obstacle to a divorcee starting another family, interpreting such scenario as being a right ......
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Forms
  • Form D8N
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ...... of which can be obtained from either a family county court or by going to www.justice.gov.uk. ... the Respondent resumed living together as spouses/civil partners. after the order was made. If ...This can. deal with property, maintenance, a lump sum payment and/or pensions. An ......
  • Ask the court to make a non-molestation order or an occupation order
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ......an occupation order. Family Law Act 1996 (Part IV). The court. To be ...partnership home of the two spouses or civil partners. If the. marriage or civil ...maintenance of the dwelling-house. •. impose on either ......
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